ask david letters column

(Warning: Typos Intact, Not Legal Advice)

What recourse do I have if I will not inherit the half of my house belonging to my significant other?

I have been living with my SO for nearly 30 years. He is 75 years old and I am 66 years old. I just found out that he plans to leave his half of our house to his adult children which will require me to either pay them a large sum of money or move out to give them half of the equity. When we lived in California, we owned a property together. His trust had me inheriting that property, but we sold it in 2020. I was expecting him to leave me our primary residence, and now I have learned that he is not planning to do that. We live in a state that is not common law marriage, but you can register as Domestic Partners. We did not register in the program. Is there any way for me to protect my asset as I feel 30 years together should give me the right to remain in my house when he dies.

Answer: As you noted, you do not live in a state that recognizes common law marriage, and “significant other” is not a legal category in Michigan. Domestic partners in Michigan do not receive any special legal status or entitlements.

While some might question the significance of a ring or a marriage certificate, and feel that love should not be constrained by legal formalities, the reality is that legal marriage offers important protections and rights. After many years together, it’s true that the value of a legal marriage becomes more apparent, especially as people age and their options on the dating market change.

It’s unfortunate, but not uncommon, to face these challenges when legal recognition and protections are needed. I’m sorry for your situation and understand how difficult it must be.

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